Parties to a Crime Flashcards
An individual is criminally liable as an accomplice if…
Actus Reus + Mens Rea
he gives assistance or encouragement or fails to act where he has a legal duty to oppose the crime of another (actus reus), and purposefully intends to effectuate commission of the crime (mens rea).
An accomplice is responsible not just for the crime assisted and encouraged but also for…
other crimes that are the natural and probable consequences of the crime assisted or encouraged.
The MPC limits accomplice liability to only the crime assisted or encouraged.
Principal in the First Degree
The actual perpetrator who performs the criminal act with the requisite mental state is known as the principal in the first degree. More than one person can perpetrate the same crime.
Principal in the Second Degree
One who is present at the scene of the felony and aids, abets, or otherwise encourages the commission of the crime with the requisite intent is guilty as a principal in the second degree.
Accessory before the Fact
One who aids, abets, counsels, or otherwise encourages the commission of a felony, but is not present at the scene, is guilty as an accessory before the fact.
An accessory before the fact may be punished to the same extent as a principal for all crimes committed within the scope of the conspiracy.
Accessory after the Fact
a. a completed felony must have been committed;
b. the accessory must have known of the commission of the felony; and
c. the accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment.
